Beyond Statutory Tango: Native American Tribes' Access to Bankruptcy Relief After Lac du Flambeau.

This article focuses on Native American tribes’ access to bankruptcy relief following the Supreme Court’s decision in *Lac du Flambeau Band of Lake Superior Chippewa Indians v. Coughlin*, which held that §§ 106(a) and 101(27) of the United States Bankruptcy Code (Code) abrogate tribal sovereign immunity by classifying tribes as “governmental units.” While this ruling resolves a longstanding circuit split and subjects tribes and their businesses to bankruptcy claims and protections such as the automatic stay, it does not provide Native American tribes with a clear avenue to seek bankruptcy relief themselves, as they are ineligible to file under existing Code chapters. The article examines the historical context of tribal sovereign immunity, federal legislation impacting tribal economic development, and the contrasting judicial interpretations of the Code’s abrogation provisions. It argues that, given tribes’ unique status as “domestic dependent nations” and their significant economic contributions, Congress should enact a novel, tailored statutory framework—similar to those created for Puerto Rico’s financial crisis or small business relief during the COVID-19 pandemic—to afford Native American tribes equitable access to debt relief and promote tribal self-determination outside the traditional bankruptcy system.